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2026 DAILYLAW 35922 (CAL)

MEBARUL SHAIKH AND ORS v. STATE OF WEST BENGAL AND ORS.

WPA/22578/2026 · 2026-08-27

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

32 jdt. 27.08.2026 jb. WPA 22578 of 2026 (Mebarul Shaikh & Ors. vs. State of West Bengal & Ors.) Mr. Sunil Kr. Gupta …. For the Petitioners Mr. Souvik Nandy Mr. Soumya Sankar Chini …. For the State Affidavit of service filed on behalf of the petitioners is taken on record. It appears from the affidavit that the Upa Pradhan/private respondent has directed the service to be kept on hold. It can be inferred that she is aware of the pendency of the writ petition. She is not represented despite such knowledge. The petitioners who are members of Laxmipur Gram Panchayat submitted a no confidence motion for removal of the Upa Pradhan of the Panchayat before the Prescribed Authority which was received by the latter on 4th August, 2026. By a notice issued on 6th August, 2026 the Prescribed Authority fixed the date of meeting on 18th August, 2026. The meeting was cancelled by a notice issued on 17th August, 2026 due to non availability of police assistance. The petitioners seek a direction upon the Prescribed Authority to convene the meeting and conclude the proceedings in accordance with law. It appears that though the Prescribed Authority fixed the date of meeting in terms of Section 12(3) of the 2 West Bengal Panchayat Act, 1973 the meeting could not be held since the police authority was unable to provide sufficient police force in order to avoid law and order issues in the meeting. Such a situation can be termed as a reason beyond the control of the Prescribed Authority. Section 12(4) of the Act of 1973 deals with such a situation where a meeting can be adjourned/cancelled for reasons beyond the control of the Prescribed Authority. An Hon’ble Division Bench of this Court has dealt with similar issue in MAT 992 of 2022 and by an order passed on 15th July, 2022, has observed that when the meeting is adjourned for reasons beyond the control of the Prescribed Authority, the time period of 30 days prescribed in Section 12(10) of the Act also stands extended correspondingly. In view thereof, the Prescribed Authority and the Block Development Officer, Suti II Block, being the 4th respondent herein, is directed to convene the meeting within 10 days from the date of communication of this order upon service of notice to all concerned and take the proceeding to its logical conclusion at the earliest, in accordance with law. The Officer in Charge, Suti Police Station, being the 7th respondent herein, is directed to render necessary assistance to the Prescribed Authority so that the meeting is held peacefully without any disturbance from any corner whatsoever. 3 The writ petition is disposed of. There shall be no order as to costs. Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)